M v Home Office [1994]

Facts

  • The Home Secretary deported a foreign citizen (of Zaire) contrary to a judge’s order

Issue

  • Could the Home Secretary be immune from contempt proceedings

Decision

  • No

Reasoning

  • Whilst the monarch is immune from such proceedings, the executive Crown does not share the monarch’s personal prerogative powers.
  • An injunction was issued against the Home Office
RELATED CASE  R v Secretary of State for the Environment, ex p Nottinghamshire County Council [1986]

Posted in Public Law Revision Notes.

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